Part 17

VERNON--Now, will you proceed to give an account what followed upon Mr. Goodere's saying, Look well at him, but don't touch him.

HOBBS--As soon as sir John went down the hill, this Mahony stept up to the captain and came down again, and he and the other three in his company went down the hill, and the captain followed them; the clothes which the captain pulled off were left in the room; when the captain was going out at the door with his sword and cloak, I thought I was pretty safe of my reckoning, because of his clothes being left. The captain said at the door, Landlady, I will come back and pay you presently.

VERNON--How long was it before Mr. Goodere returned to your house?

HOBBS--He came again in about a quarter of an hour: When he came again, he went upstairs, changed a guinea, he asked what was to pay? I told him four shillings and one penny half-penny, and then went away. About an hour and a half after Mahony and the other came again, sweating, and said they had been a mile or two out in the country. Mahony asked credit for a tankard of ale, and said his master would come up on Saturday following, and then he would pay for it: Well, said I, if he is to come up on Saturday, I will not stand for a tankard of ale; but if he don't come, how shall I have my reckoning? Says Mahony, I live at the Scotch arms in Marsh-street. Well, said I, I will not deny drawing you a tankard of ale, if you never pay me. Said he, You had best get the room ready against Saturday, and make a fire, and just dust it.

VERNON--Pray, when Mr. Goodere went away from your house was he in the same dress as when he came that day?

HOBBS--No, Sir. When he came there he had a light-coloured coat, and he looked like a country farmer at his first coming in; but when he was out, he had a scarlet cloak on, wore a sword, and had a cane in his hand; a porter brought him the things.

VERNON--Do you know any thing of what happened on the Sunday following?

HOBBS--Yes, Sir; the Sunday morning Mahony came to my house, having trousers, a short jacket and leather cap on, asked for a quart of ale, this was Sunday: My wife said, Don't draw any more upon tick. Mahony gave a sixpence and paid for it, and said, See that the room be clear, the captain will be up in the afternoon, and then he will be here; And as he was going out of the house, he said to me, If you fortune to see that gentleman go up with the black cap before that time, do you send a porter to me to the Scotch arms. I told him I had no porter, and could not send. About 3 o'clock in the afternoon when he came again with a person who had a scalled face, and one or two more, a man who lodged in the house came and told me, that they wanted to go up stairs; but I would not let them, because it was in service-time. They all went into the parlour, and had a quart of ale, and when that was drunk, Mahony called for another; and then eight or nine men more came and called for ale, and went into the parlour, but still kept looking out; and one of them being a little fellow, I don't know his name, kept slamming the door together, ready to break the house down. Says I, Don't break my house down about my ears, don't think you are in Marsh-street; then the little fellow came up as if he was going to strike me, as I was coming up out of the cellar with a dobbin of ale in my hand, for a gentleman going to the college; I saw this gentleman (pointing to the prisoner Samuel Goodere) and the deceased walk down the hill, I looked after them, and so did Mahony; and then all those men rushed out, and followed them. Mahony paid the reckoning, and went away: I ran in to see after my tankard for I was more afraid of losing that than the reckoning. And that is all I do know from the beginning to the end.

VERNON--How long did he continue at your house on the Sunday?

HOBBS--I believe, Sir, an hour and a half; and there was some or other of them still looking out and waiting at the door.

THE RECORDER--You say that Mahony desired you that if you saw the gentleman in the black cap go by, to send a porter; who did you apprehend that gentleman to be?

HOBBS--The gentleman that rode down the Tuesday.

ONE OF THE JURY--To what place were you to send the porter?

HOBBS--To the Scotch arms in Marsh-street, where Mahony lodged, if the gentleman in the black cap did go up to Mr. Smith's.

VERNON--I think, you say, you saw Mr. Goodere on the Sunday go down the hill, after the gentleman in the black cap?

HOBBS--I did, Sir; but nobody at all was with him.

GOODERE--Did you see me at all that day?

HOBBS--Yes, Sir, I saw you go into Mr. Jarrit Smith's; and when you came down the hill, after the gentleman in the black cap, you called out to Mahony and his company, and bid them to look sharp.

GOODERE--Did you see anybody with me that day? I was not at your house that day.

HOBBS--I did not say you were; but as you was going to Mr. Jarrit Smith's, I heard one of your men say, There goes our captain, or else I had not looked out.

MAHONY--I beg leave, my lord, to ask him, who it was that the captain bid Mahony to look sharp to?

HOBBS--The gentleman with the black cap.

THE RECORDER--Was the gentleman in the black cap, at whose going by they all rushed out, the same gentleman whom you had seen before go to Mr. Jarrit Smith's?

HOBBS--Yes, Sir, but Mahony gave half-a-crown for my reckoning, and as they rushed out so hastily, I was afraid they had taken away my tankard; for which reason I went to look after it, and saw no more.

_Thomas Williams, sworn._

VERNON--Mr. Williams, I think you belonged to the _Ruby_ at the time when this melancholy affair happened?

WILLIAMS--Yes, Sir.

VERNON--What station were you in?

WILLIAMS--I was ordered to walk the quarter-deck.

VERNON--Will you give an account of what you know in relation to the ill-treatment of sir John Dineley Goodere? Tell all you know about it.

WILLIAMS--I came up on Sunday the 18th day of January last for my commander, went to his lodgings, he was not at home. I was told there that he dined that day at Dr. Middleton's and he was just gone there. I went to Dr. Middleton's after him, and he was just gone from thence; I then returned to his lodgings and found him there; I told him the barge was waiting for his honour. He asked me if I knew the river, and if I knew the brick-yard at the lime-kilns? I told him that I knew the lime-kilns, and at last I recollected that I did remember the brick-yard he meant. That is well enough, says he. While I was there, Mahony came up to him, and the captain desired of me to go down stairs, for he wanted to speak to Mahony in private. I went down stairs, by and by Mahony came down and went away; then I went up to captain Goodere again, when he directed me to get all the hands together, and go down into the barge, and, says he, let it be landed at the brick-yard. He asked me, if I knew the White Hart in the College Green? I told him, I did, and he directed me to take eight men up with me to the White Hart, and let two remain in the boat for I have a gentleman coming on board with me. I did as I was ordered; and when I came to the White Hart, I saw Mahony and some of the privateer's men with him there in a room; I did not like their company; I went into the kitchen; I asked the landlord to make me a pint of toddy; he asked me, whether I would have it hot or cold; I told him a little warm; he was going about it but before it was made, Mahony and the privateer's men rushed out of the house: I seeing that, followed them; they had the gentleman in possession before I came to them, and were dragging him along. I asked them what they were at? One of the privateer's men told me, if I did not hold my tongue he would throw me over the key into the river, and immediately captain Goodere came there himself; The privateer's men asked what they should do with him, and he directed them to take him on board the barge. I followed them down the butts, the gentleman cried out Murder, murder! Mr. Stephen Perry, the anchor-smith, came out of his house, and asked me what was the matter; I told him I did not know: Mahony said he was a murderer, he had killed a man on board the man-of-war, and that he had run away; they had carried him before a magistrate, and he was ordered back to the man-of-war to be tried by a court-martial.

THE RECORDER--Was the captain within hearing at the time Mahony said that?

WILLIAMS--He was just behind.

THE RECORDER--Was he within hearing?

WILLIAMS--He was; and when they had brought him into the barge captain Goodere desired to have the cloak put over sir John to keep him from the cold, but sir John said he did not want a cloak, neither would he have it. The privateer's men wanted me to put them on the other side the water, but I said I would not without the captain's orders. They asked the captain, and he directed me to do it, and I put them ashore at the glass-house, and just as we came over against the hot-wells, there was a gentleman standing whom sir John knew, to whom sir John cried out, Sir, do you know Mr. Jarrit Smith? But before he could speak any more, the cloak was thrown over him to prevent his crying out, and the captain told me to steer the barge on the other side, until we got clear of the noise of the people; and when we were got clear, he directed me to steer the boat in the middle, as I ought to do. I obeyed his orders.

THE RECORDER--Who threw the cloak over him?

WILLIAMS--The captain. And the captain being as near to sir John as I am to your lordship, sir John asked the captain what he was going to do with him? Says the captain, I am going to carry you on board, to save you from ruin, and from lying rotting in a gaol.

VERNON--And what reply did sir John make to that?

WILLIAMS--He said, I know better things, I believe you are going to murder me; you may as well throw me overboard, and murder me here right, as carry me on board ship and murder me. No, says the captain, I am not going to do any such thing, but I would have you make your peace with God. As I steered the boat, I heard all that passed. We brought sir John on board between 7 and 8 o'clock, he could hardly go up into the ship, he being so benumbed with cold; he did go up of his own accord, with the men's assistance.

VERNON--How was he treated on board the man-of-war?

WILLIAMS--Sir, I don't know how they treated him after he went on board the ship. I was excused from watching that night so I went to my hammock; but after I was got out of my first sleep, I heard some people talking and walking about backwards and forwards: I was surprised; at last I peeped out of my hammock, and asked the centinel what was o'clock. He said, between two and three. And then I saw captain Goodere going down the ladder from the deck towards the purser's cabin, but for what intention I know not. I believe he came from his own cabin.

THE RECORDER--Whereabout is the purser's cabin?

WILLIAMS--The purser's cabin is in a place called the Cockpit, the lower steps of the ladder is just by the door of the purser's cabin.

THE RECORDER--And it was that ladder you saw the captain go down, was it?

WILLIAMS--Yes, Sir, it was.

VERNON--Mr. Williams, you have not told us all the particulars of sir John's treatment between the seizing and carrying him to the barge.

WILLIAMS--One of the men had hold of one arm, and another the other, and a third person was behind shoving him along.

VERNON--Where was captain Goodere then?

WILLIAMS--He was just behind him.

VERNON--How near was he to him?

WILLIAMS--Sometimes he was as near to him as I am to you.

THE RECORDER--How many were there in the company, do you think, in the rope-walk, when they were carrying sir John along?

WILLIAMS--There were five of the privateer's men, and Mahony made six, and there were nine belonging to the barge; about sixteen in all.

RECORDER--At what distance were you?

WILLIAMS--At a pretty great distance; I walked just before them; I saw them take him along in the manner I have said; I heard sir John cry out murder several times as he went, as they took him along the rope-walk.

In answer to Goodere, the witness said that he slept on the starboard side of the gun-room, and that he could see people coming down into the cockpit, because the gun-room came unusually far out; there was no other cabin but the purser's in the cockpit. He did not know where the ship lay, being but a foremast man.

_Samuel Trivett, sworn._

VERNON--Will you give an account to Mr. Recorder and the Jury of what you know relating to this business?

TRIVETT--On Sunday the 18th of January last, I was at a public meeting in the rope-walk; I heard a noise of people cried, Damn ye, stand off, or else we will knock your brains out; I stepped up, and asked what right they had to carry a man along after that manner? I followed them: their answer was, it was a midshipman who had committed murder, and they were taking him down to the ship to do him justice; other people likewise followed, enquiring what was the matter the gentleman was behind, and ordered them to make more haste.

VERNON--Look upon the prisoner at the bar, Mr. Goodere; is that the gentleman that ordered them to make more haste?

TRIVETT--I believe that is the man, my lord. On the gentleman's ordering them to make more haste, five or six of them caught him up in their arms, and carried him along; and as they were got down about the corner of Mr. Brown's wall, he insisted upon their making more dispatch, and then they hurried him as far as captain Osborn's dock. By that time his clothes were ruffled and shoved up to his arm-pits; they put him down, and settled his clothes, and then I saw his face, and knew him to be sir John Dineley: he cried out murder several times, and said, they were taking him on board to kill him, he believed. As they were going with him along, he cried out to Mrs. Darby, For God's sake assist me, they are going to murder me. I told Mrs. Darby it was sir John Dineley: she said she knew him; the cloak was then over his face. As they got him further, he called out to a little girl, to get somebody to assist him, for they were going to murder him. They pushed him along to Mrs. New's house, and made a little stop there, and then they brought him to the water-side, where was a boat; they put out a plank with ledges nailed across: he was ordered to go on board the boat; they got him on board, and put him to sit down in the stern-sheet: then he cried out, For God's sake, gentlemen, if any of you know Mr. Jarrit Smith in the College-green, tell him my name is sir John Dineley. One of the men put his cloak and covered him, and before he could say any more, that gentleman (pointing to the prisoner Goodere) took his hand and put it on his mouth, and would not let him speak any further, and ordered the boat to be pushed off, which was done; and the tide making up strong, the boat got almost to the other side. I heard that gentleman (pointing as before) say, Have you not given the rogues of lawyers money enough already? Do you want to give them more? I will take care that they shall never have any more of you; now I'll take care of you.

THE RECORDER--Prisoners, will either of you ask this witness any questions?

GOODERE--No, I never saw the man before in my life.

_Thomas Charmsbury, sworn._

CHARMSBURY--On Sunday the 18th of January last, between the hours of four and five in the afternoon, I was on board the ship called the _Levant_, lying in Mr. Thompson's dock; I heard a noise coming over the bridge of the dock, and I saw a man in a scarlet cloak, and a parcel of people, some before and some behind, guarding of him, and he made a noise. I went towards them, to see what was the matter, and at Mr. Stephen Perry's counting-house (they rested) I asked, what was the matter? They said, he had killed a man on board a man-of-war; that he had run away; and they had had him before a magistrate, and he was ordered on board the king's ship to be carried round to London to take his trial. Mr. Perry (on hearing the noise) came out and saw him; says Mr. Perry, Gentlemen, do you know what you are about? I would not be in your coats for a thousand pounds, for it is 'squire Goodere. They threatened to knock down any that should come near; a fellow, I take him to be Mahony, came up to me, and threatened to knock me down several times. They took and carried him as far as captain James Day's lofts and warehouse, where he keeps his hemp; and there they rested him again, and threatened to knock down any that should come near them. Then said Mahony, Damn ye, here comes the captain. Immediately I turned about, and saw a gentleman with his cane poised in one hand, and his sword in the other; he had a dark shag coat and yellow buttons, whom I take to be that gentleman the prisoner at the bar. They took up the man in the scarlet cloak again, and carried him so far as coming out from the lower College-green into the rope-walk: the prisoner Goodere came up to them and ordered them to mend their pace; they took him up again, and carried him as far as Brown's garden, at the lower end of the rope-walk, as fast as they could well carry him, where they settled his clothes, and in the meanwhile the prisoner Goodere came up to them again, and ordered them to mend their pace. With much difficulty they got him between the gate and stile, and carried him as far as the warehouse at the corner of the glass-house, there they rested and settled his clothes again; then they took him up, and carried him down to the Lime-kilns, as far as the lower part of the wall below madam New's; and then brought him down to a place opposite to the King's-head, and then they put him on board a boat (I take it the man-of-war's barge) having ten oars, and they handed him in. After, the prisoner Goodere went into the boat after him, and set sir John on the starboard-side, and the prisoner Goodere on the larboard-side; then sir John cried out, Murder! you gentlemen that are on shore, pray tell Mr. Jarrit Smith that my name is Dineley, and before he could say Goodere the gentleman took up the flap of the cloak, threw it over the face of sir John, and stopped his mouth; and says he, I will take care of you, that you shall not spend your estate; and ordered the barge to be put off; and then he took the gentleman's cloak from his shoulders, and put it on his own.

THE RECORDER--Who was it that stopped his mouth with his cloak?

CHARMSBURY--That gentleman the prisoner at the bar. The boat was so full, had so many people in it, that they were obliged to row but with eight oars: and when they proceeded down the river, it being about three quarters flood, and the gentleman continually crying out, they went out of sight, and I saw no more of them.

_Mrs. Darby_, who lived at the limekilns, saw Sir John forced along between two men; he was crying out, Murder, murder! for the Lord's sake save me, save me, for they are going to kill me. She knew Sir John very well; she had mended his chair for him last summer; she was told that the gentleman at the bar was the captain of the man-of-war; he was dressed in a dark drab-coloured coat, and his waistcoat was trimmed with gold. She heard Sir John cry out something as he was being hurried into the boat, but she could not hear what.

_William Dupree_ was drinking at the King's Head with a friend, and a young woman who was reading at the window said she heard a great noise, on which they went out, and saw a company of men forcing a gentleman along, the prisoner Goodere coming behind them. They said that he had murdered a man, and that they were taking him on board for justice. They put him on the yawl, while Captain Goodere stood by. He cried out, 'For God's sake! go and acquaint Mr. Jarrit Smith, for I am undone, they will murder me.' The witness went back to the King's Head, where the people advised him to go to Mr. Jarrit Smith and inform him of it, which he did. When Sir John cried out he saw Goodere put his hand on his mouth.

_Theodore Court, Master of the Ship, sworn._

VERNON--Will you tell Mr. Recorder and the jury what you know concerning the death of sir John Dineley Goodere?

T. COURT--On the 18th of January last, being Sunday, the barge went up to fetch captain Goodere from Bristol, and about seven of the clock in the evening he came on board, and when he came into the gangway, says he, How do you all do, gentlemen? Excuse me, gentlemen, from going the right way to-night, for I have brought an old mad fellow on board and I must take care of him. I saw a gentleman with a black cap coming up the ship's side, and his groans shocked me, so that I could not help him; he looked much surprised as a person used ill; as soon as he was on board he was taken into custody, and carried by the captain's orders down to the cockpit, and put into the purser's cabin, and a centinel ordered upon him; and I saw him no more at that time. Next morning I was told that the captain's brother was murdered, and that the captain had given Charles White and Mahony leave to go on shore.

THE RECORDER--By whose direction was he put into the purser's cabin?

T. COURT--The captain himself went down and saw them put him in.

VERNON--Whereabout in the ship is the purser's cabin?

T. COURT--In the cock-pit.

VERNON--Was it a place where gentlemen who came on board commonly lay?